These Standard Terms and Conditions of Sale shall be incorporated into any contract
between Purchaser and Brother International Corporation (hereafter Brother) and
shall apply to all purchase orders issued by Purchaser. Unless specifically provided
herein or in a separate written agreement duly executed by Brother, the quotation
and this form constitute the entire agreement between Brother and Purchaser and
no other terms or conditions oral or written shall be of any effect. All orders,
whether placed pursuant to a quotation or not, are accepted only upon the express
condition that Purchaser agrees to the Terms and Conditions as specified herein.
Price and Delivery Terms
Price and delivery terms are F.O.B. Brother's nearest U.S facility and do not include
sales, use, excise or any other taxes. Our responsibility ceases when delivery is
made to the transportation company and any claims for loss or damage in transit
must be handled by the purchaser with the carrier.
No charge is made for standard boxing for domestic shipments. Purchaser will be
quoted and charged separately for export or special packing requirements.
To purchasers with a credit standing satisfactory to Brother, terms of payment are
cash in full, net 30 days. If at any time Brother deems that by reason of financial
condition of the Purchaser or otherwise, the continuance of production or shipments
is not justified, Brother may revoke its extension of Credit, enforce any security
interest(s) created hereby on all goods furnished by Brother to the Purchaser and
otherwise secure itself as to purchaser's performance of its obligation.
Changes, suspension or cancellation of any order by Purchaser may be made only upon
written approval of an authorized officer of Brother.
All Brother Gearmotor products are warranted against defects in materials and
workmanship FOR A PERIOD OF 2 YEARS from the date of our manufacture. This
constitutes Brother's only warranty in connection with this sale, and is in lieu
of all other warranties, expressed or implied, written or oral. There are no implied
warranties of merchantability or fitness for a particular purpose that apply to this
sale. If performance guarantees are requested, they should be requested in writing.
Full consideration will be given to such requests when complete details of the
proposed application are included.
Limitation of Remedy
Brother will repair or replace, at Brother's option, F.O.B. Brother's factory, freight
prepaid, any Brother Gearmotor proved defective in materials or workmanship if
immediate written notice of claim is made to Brother by Purchaser within 2 years
from the date of manufacture. It is agreed that such repair or replacement is the
exclusive remedy available from Brother. Under no circumstances shall Brother be
liable to anyone for any special, incidental or consequential damages, whether the
result of negligence or otherwise.
The Warranty of Brother Gearmotor Products does not cover and Brother makes no warranty
with respect to:
- Failures not reported in writing to Brother within the warranty period of 2
years after the date of our manufacture.
- Failures or damages due to mis-application, abuse, improper installation or
abnormal conditions of temperature, humidity, dirt or corrosive matter.
- Failures due to operation, either intentional or otherwise, above rated
capacities or in an otherwise improper manner.
- Product which has in any way been tampered with or altered by anyone other
than an authorized representative of Brother.
- Expenses incurred by the Purchaser in an attempt to repair or rework an
allegedly defective product.
- Product damaged in shipment or otherwise without the fault of Brother.
No products will be accepted for return unless authorized in writing with a returned
merchandise authorization (RMA) number assigned. Any returned goods must be returned
with transportation charges prepaid.
Regulatory Laws and/or Standards
It is the Purchaser's obligation to install and operate all Brother Gearmotor Products
in conformance with all applicable national or local laws and safety codes.
Brother represents that its Gearmotors are designed and manufactured such that
they do not infringe on any United States patent(s), and that Brother will, at its
expense, defend any claim charging such infringement and will save Purchaser
harmless from any adverse judgments resulting there from. Purchaser agrees to give Brother,
prompt written notice of any claim of infringement and to turn over to Brother the complete control of any
litigation involving such claims including the right to settle such claims.
These Standard Terms and Conditions of Sale shall be interpreted in accordance with
the laws of the State of New Jersey.
If any of the terms and conditions shown here are determined to be invalid, illegal
or unenforceable, the remainder of these terms and conditions shall remain in full
force and effect.